Jessee v. Jessee
212 N.C. App. 426
| N.C. Ct. App. | 2011Background
- Plaintiff and Christine Jessee married Sept. 28, 2002; separated May 9, 2008.
- Christine Jessee filed a divorce/DS/eq. distribution action in Alamance County on July 18, 2008.
- Plaintiff answered and counterclaimed; alleged improper use of his credit card and other relief.
- Forsyth County Superior Court case (Apr. 24, 2009) alleges fraud, social security misappropriation, improper debt incurrence, and fraudulent conveyance of the marital home to Jessee Family Trust.
- Defendants moved to change venue to Alamance and to dismiss; Forsyth court denied.
- Alamance County action involves equitable distribution; Forsyth involves tort-like and title-transfer claims arising after separation.
- Trial court concluded Forsyth case not barred by exclusive jurisdiction or prior pending action; ordered Forsyth case not dismissed and kept in Forsyth with abeyance pending Alamance resolution.
- This appeal challenges both denial of dismissal/change-of-venue and the decision to hold the Forsyth case in abeyance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Forsyth action is barred by exclusive district court jurisdiction. | Jessee argues Alamance exclusive jurisdiction over domestic relations controls. | Defendants contend 7A-244 requires dismissal or abatement. | Trial court did not err; Forsyth action not barred; stay in abeyance pending Alamance proceeding. |
| Whether Forsyth action should have been dismissed under prior pending action doctrine. | Forsyth involves tort and title-transfer claims distinct from Alamance distribution. | Pending Alamance action abates subsequent suits. | Trial court properly denied dismissal; no complete subsumption by Alamance case. |
| Whether the Forsyth court should be held in abeyance pending Alamance resolution. | Interrelationship warrants staying Forsyth until equitable distribution resolves. | Not necessary to hold in abeyance. | Court held Forsyth in abeyance; consider Alamance distributive results in Forsyth later. |
Key Cases Cited
- Hudson Int'l., Inc. v. Hudson, 145 N.C.App. 631 (2001) (exclusive district court jurisdiction when same property, similar relief involved)
- Garrison v. Garrison, 90 N.C.App. 670 (1988) (district court jurisdiction invocations; effect on exclusive jurisdiction)
- Burgess v. Burgess, N.C.App. , 698 S.E.2d 666 (2010) (distinguishes between equitable distribution; some claims may proceed in separate forum)
- Keith v. Wallerich, 201 N.C.App. 550, 687 S.E.2d 299 (2009) (abeyance when interrelated domestic case pending)
- Upchurch v. Upchurch, 128 N.C.App. 461, 495 S.E.2d 738 (1999) (third-party title holders in equitable distribution context)
- Cameron v. Cameron, 235 N.C. 82, 68 S.E.2d 796 (1952) (abstention/abatement principle for prior pending actions)
- Eways v. Governor's Island, 326 N.C. 552, 391 S.E.2d 182 (1990) (abatement when prior action pending between same parties)